Section 4: Appeals to tribunals

4. Appeals to tribunals.—(1) Any civil servant aggrieved by any 1[*] order, whether original or appellate, made by a departmental authority in respect of any of the terms and conditions of his service may, within thirty days of the communication of such order to him, 2[or within six months of the establishment of the appropriate Tribunal, whichever is later, prefer an appeal to the Tribunal]: Provided that— (a) where an appeal, review or representation to a departmental authority is provided under the 3[Civil Servants Act, 1973 (LXXI of 1973)], or any rules against any such order, no appeal shall lie to a Tribunal unless the aggrieved civil servant has preferred an appeal or application for review or representation to such departmental authority and a period of ninety days has elapsed from the date on which such appeal, application or representation was so preferred; 4* (b) no appeal shall lie to a Tribunal against an order or decision of a departmental authority determining the fitness or otherwise of a person to be appointed to or hold a particular post or to be promoted to a higher grader 5[; and] 6[(c) no appeal shall lie to a Tribunal against an order or decision of a departmental authority made at any time before the 1st July, 1969.] (2) Where the appeal is against an order or decision of a departmental authority imposing a departmental punishment or penalty on a civil servant, the appeal shall be preferred— (a) in the case of a penalty of dismissal from service, removal from service, compulsory retirement or reduction to a lower post or time­scale or to a lower stage in a time­scale, to a Tribunal referred to in sub­section (3) of section 3; and (b) in any other case, to a Tribunal referred to in subsection (7) of that section. Explanation.— In this section, “departmental authority” means any authority, other than a Tribunal, which is competent to make an order in respect of any of the terms and conditions of civil servants. 1 Omitted by the Service Tribunals (Amdt.) Act, 1997 (17 of 1997), s. 4. 2 Subs. by the Service T ribunals (Amdt.) Act, 1974 (31 of 1974), s. 3, for “prefer an appeal to the Tribunal having jurisdiction in the matter:. 3 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II. 4 The word “and” omitted by Act 31 of 1974, s. 3. 5 Subs. ibid., for full­stop. 6 New cl. (c) added ibid. 1[4A. Review.⎯ (1) A tribunal shall have the power to review its final order on a review petition field by an aggrieved party within thirty days of the order on the following grounds, namely:⎯ (i) discovery of new and important matter or evidence which, after exercise of due diligence, was not within knowledge of the petitioner or could not be produced by him at the time when the order was passed; (ii) on account of some mistake or error apparent on the face of record; of (iii) for any other sufficient cause.”. (2) The Tribunal shall decide the review petition within thirty days. (3) The Tribunal may confirm, set aside, vary or modify the judgement or order under review.]

Effective date: 1973-01-01

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